On April 30, 2025, the U.S. Court of Appeals for the D.C. Circuit granted an additional 30-day abeyance in the challenge to EPA’s Final Rule designating Perfluorooctanoic Acid (PFOA) and Perfluorooctanesulfonic Acid (PFOS) as CERCLA Hazardous Substances. (89 Fed. Reg. 39124 (May 8, 2024).
The U.S. Environmental Protection Agency (EPA) requested an additional 30 days for leadership to conclude its review of the underlying rule. The agency stated that the continued abeyance would conserve judicial and party resources and could potentially obviate the need for judicial resolution of the disputed issues. The petitioners and respondent-intervenors did not oppose the request.
This case has been in abeyance since February 2025 following EPA’s request for a 60-day abeyance to allow incoming leadership to review the contested rule. That pause was set to expire on April 24, 2025.
Since the initial pause in PFAS litigation, EPA announced its strategy for combatting PFAS contamination that includes designating a PFAS agency lead, developing effluent limitations guidelines for PFAS manufacturers, and creating a clear “polluter pays” liability framework. While the announcement provides a broad framework, it does not specifically address whether EPA will continue to support the designation of PFOA and PFOS as CERCLA hazardous substances.
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